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SAMUELS v. ELEONORA BEHEER, B. V.

80 Civ. 2706.

500 F.Supp. 1357 (1980)

John S. SAMUELS, 3d, Carbomin Group, Inc., Carbomin International Corporation, Leckie Smokeless Coal Company and ICM Corporation, a Missouri Corporation, Plaintiffs, v. ELEONORA BEHEER, B. V., Defendant. ELEONORA BEHEER, B. V., Counterclaim Plaintiff, v. John S. SAMUELS, 3d, Carbomin Group, Inc., Carbomin International Corporation, the United States of America, the New York State Tax Commission, People of the State of New York, City of New York, Counterclaim Defendants.

United States District Court, S. D. New York.

November 14, 1980.

Attorney(s) appearing for the Case

Saxe, Bacon & Bolan, P. C., New York City, for plaintiffs and counterclaim defendants; Louis Biancone, New York City, of counsel.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendant and counterclaim plaintiff; Steven J. Stein, John W. Ritchie, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S.D.N.Y., New York City, for counterclaim defendant U. S.; David M. Jones, Asst. U. S. Atty., New York City, of counsel.

Robert Abrams, Atty. Gen., of the State of N. Y., New York City, for counterclaim defendants New York State Tax Commission and People of the State of New York; Alan Gitter, Asst. Atty. Gen., New York City, of counsel.

Allen G. Schwartz, Corp. Counsel, New York City, for counterclaim defendant City of New York; Jeffrey Stonehill, Asst. Corp. Counsel, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

After a careful study of the undisputed agreements, promissory notes and mortgage instruments executed by one or more of the parties to this litigation, the Court is persuaded that plaintiffs, anticipating a foreclosure suit by defendant based upon plaintiffs' default of payments of almost $3,000,000 due under the agreements, "jumped the gun" by commencing an action in the Supreme Court of the State of New York seeking...

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